The idea that a radical transformation of the Presidency took
place during the FDR administration has become one of the most
widely accepted tenets of contemporary scholarship. According to
this view, the Constitutional Presidency was a product of the
Founders' fear of arbitrary power. Only with the development of a
popular extra-Constitutional Presidency did the powerful "modern
Presidency" emerge.
David K. Nichols argues to the contrary that the "modern
Presidency" was not created by FDR. What happened during FDR's
administration was a transformation in the size and scope of the
national government, rather than a transformation of the Presidency
in its relations to the Constitution or the other branches of
government. Nichols demonstrates that the essential elements of the
modern Presidency have been found throughout our history, although
often less obvious in an era where the functions of the national
government as a whole were restricted.
Claiming that we have failed to fully appreciate the character
of the Constitutional Presidency, Nichols shows that the potential
for the modern Presidency was created in the Constitution itself.
He analyzes three essential aspects of the modern Presidency--the
President's role in the budgetary process, the President's role as
chief executive, and the War Powers Act--that are logical
outgrowths of the decisions made at the Constitutional Convention.
Nichols concludes that it is the authors of the American
Constitution, not the English or European philosophers, who provide
the most satisfactory reconciliation of executive power and limited
popular government. It is the authors of the Constitution who
created the modern Presidency.
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